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Allahabad High Court

SAVANA AND 2 OTHERSversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that the grievance of the petitioners must be examined by the Chief Executive Officer of Noida within six weeks.

Summary

The petitioners, who are existing street vendors, applied for vending shop allotments under Section 3 of the Street Vending Act, 2014, but the Noida Development Authority failed to issue licenses or allotment letters despite completing surveys and selection. The petitioners filed a writ petition seeking enforcement of their right to allotment. The respondents argued that the tribunal meant to hear the matter lacks a Judicial Officer, and therefore suggested that the Chief Executive Officer (CEO) of Noida examine the grievance. The High Court examined the submissions and directed that the CEO of Noida must consider the petitioners' grievance and any other affected persons within six weeks, after a fresh representation. The order effectively disposes of the petition by providing a mechanism for redressal.

Issues considered

  • Whether the petitioners are entitled to vending shop allotments under Section 3 of the Street Vending Act, 2014.
  • Whether the absence of a Judicial Officer in the Development Authority precludes adjudication and permits the Court to direct the CEO to examine the grievance.

Legislation cited

Subjects

  • street vending
  • licensing
  • allotment
  • writ petition
  • administrative law
  • development authority
  • Section 3
  • grievance redressal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 37063 of 2026

                                    Savana And 2 Others
                                                                                                            .....Petitioner(s)
                                                                            Versus
                                    State Of U.P. And 4 Others
                                                                                                          .....Respondent(s)

                                    Counsel for Petitioner(s)                  :     Neeraj Srivastava
                                    Counsel for Respondent(s)                  :     C.S.C., Kaushalendra Nath Singh

                                    Court No. - 29
                                                          HON'BLE SIDDHARTHA VARMA, J.
                                                          HON'BLE KUNAL RAVI SINGH, J.

                                    1. Heard Sri Neeraj Srivastava learned counsel for the petitioner, Shri Kaushalendra
                                    Nath Singh, learned counsel for the respondent-Development Authority and Shri
                                    Fuzail Ahmad Ansari, learned Standing Counsel for the State-respondents.

                                    2. The case of the petitioners is that they, being existing street vendors, applied for
                                    allotment of vending shops under Section 3 of the Street Vending Act, 2014 in Work
                                    Circle 3, Vending Zone 50, but despite surveys and selection, the Noida Authority has
                                    not issued licenses or allotment letters.
                                    3. Sri Kaushalendra Nath Singh, learned counsel for the respondent Development
                                    Authority, states that the Tribunal dealing with the aforesaid matter is headed by a
                                    Judicial Officer and at present no Judicial Officer is posted in the Authority and
                                    therefore he submits that if this Court permits, the Chief Executive Officer, Noida will
                                    examine the grievance of the petitioners and take appropriate decision.

                                    4. Accordingly and having regard to the facts of the instant case, we dispose of the
                                    instant petition by providing that the grievance of the petitioners shall be examined by
                                    the Chief Executive Officer, Noida within six weeks from the date of communication
                                    of the instant order along with a fresh representation after hearing the petitioners, or
                                    any other person likely to be affected thereby.

                                    September 16, 2026
                                    PK
                                                                         (Kunal Ravi Singh,J.) (Siddhartha Varma,J.)




Digitally signed by :-
PRAVEEN KUMAR
High Court of Judicature at Allahabad


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